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STATE v. POTTER

No. 50639.

288 N.W.2d 713 (1980)

STATE of Minnesota, Appellant, v. Jeffrey Michael POTTER, Respondent.

Supreme Court of Minnesota.

January 22, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Gary Hansen, Spec. Asst. Atty. Gen., Norman B. Coleman, Jr., Spec. Asst. Atty. Gen., St. Paul, Michael T. Milligan, County Atty., Walker, for appellant.

Duranske & Thomason and George L. Duranski III, Bemidji, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

SHERAN, Chief Justice.

This is a pretrial appeal by the state, pursuant to R. 29.03, subd. 1, R.Crim.P., from an order of the district court suppressing evidence and dismissing a prosecution of defendant for violating several weapons statutes and for allegedly assaulting two police officers. The decisive issue on appeal is whether the police violated defendant's Fourth Amendment rights when they arrested him for an alleged assault committed by defendant...

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